3 May 2017
On the facts and expert evidence the cerebral infarction was unpredictable and untoward, not an obvious or necessary part of the surgery; therefore it was not an 'ordinary consequence' under s 32(1)(c) and the exclusion did not apply; appeal allowed and ACC decision declining cover set aside.
6 Sept 2011
On the balance of probabilities the medical evidence (including imaging and CAP opinions) established pre-existing degenerative shoulder pathology that was the substantial cause of the incapacity requiring surgery; the appellant did not discharge the onus of proving the 11 August 2008 accident was the continuing substantial cause, therefore ACC's decision to decline cover was correct and the appeal is dismissed.
7 Sept 2004
[2004] NZACC 272
30 Apr 1999
Leave to appeal was granted because there is arguable error of law in the primary Judge's interpretation of medical evidence and application of s7(4), the legal issue overlaps with a related matter already granted High Court leave (Smith), and the points raise questions of law of sufficient importance to warrant determination by the High Court.
2 May 1997
The plain wording of s10(2)(b) of the Accident Rehabilitation and Compensation Insurance Act 1992 unambiguously excludes cover for dental injuries caused by the natural use of teeth; biting a stone fruit while eating falls within that exclusion and precedent supports dismissal of such claims.